Bombay High Court
Gautam Shivaji Ingle vs The State Of Maharashtra Thr. Pso Ps ... on 24 May, 2024
1 15-aba 367.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (ABA) NO. 367 OF 2024
( Gautam Shivaji Ingle vs. State of Maharashtra )
Office Notes, Office Memorandum of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Mr. Ram Karode, Advocate for the petitioner.
Mr. Harshal Futane, APP for State.
CORAM : URMILA JOSHI-PHALKE J.
DATE : MAY 24, 2024
Apprehending his arrest in connection with crime
No.284/2024, registered with Police Station Mehkar, District
Buldhana under Sections 454, 380 and 506 of the Indian Penal
Code the present applicant approached this Court and prayed for
grant of ad-interim anticipatory bail.
2) The accusation against the present applicant is on
the basis of report lodged by Lilabai Satyanarayan Sarkate, who
is his mother-in-law. It is alleged that there was a matrimonial
dispute between the daughter of the informant Varsha and the
present applicant and they are residing separately. As per the
allegation, on 18/04/2024 present applicant had been to the
house of the informant and he has committed the theft of some
documents as well as the cash amount and gold ornaments
worth Rs.47000/-. On the basis of said report police have
registered the Crime.
3) Learned counsel for the applicant submitted that
out of matrimonial dispute this false FIR is lodged against the
present applicant. As far as the custodial interrogation is
concerned which is not required, in view of that he be protected
by granting ad-interim anticipatory bail.
KOLHE
2 15-aba 367.2024.odt
4) Learned APP who waives notice for State strongly
opposed the said application on the ground that the allegations
are of serious nature which shows that the applicant not only
entered the house of the informant, but also committed theft of
the valuable properties. In view of that the prayer of grant of
ad-interim anticipatory bail deserves to be rejected.
5) After hearing learned counsel for the applicant and
learned APP for the State, perused the recitals of the FIR, prima
facie it appears that the dispute is between the applicant and the
daughter of the informant which is out of matrimonial dispute
out of which the FIR came to be lodged. As far as immediate
custodial interrogation is concerned, which is not required.
Therefore, the prayer for grant of ad-interim anticipatory bail
deserves to be allowed. Accordingly, I proceed to pass following
order :-
ORDER
1. In the event of arrest in connection with Crime No.284/2024, the applicant shall be released on ad- interim anticipatory bail on executing PR Bond of Rs.25000/- with one surety in the like amount.
2. The applicant shall attend the concerned Police Station as and when required for the investigation purpose and shall cooperate with the Investigating Agency.
3. The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
4. Stand over after vacation.
(URMILA JOSHI-PHALKE J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 24/05/2024 19:49:10